Oral Answers to Questions

Alun Cairns Excerpts

Tuesday 28th June 2011 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

9. What consideration he has given to those responses to his Department’s consultation on legal aid that raised concerns about his Department’s definition of domestic violence.

[Alun Cairns (Vale of Glamorgan) (Con)]

13. What his policy is on the provision of legal aid support for victims of domestic violence.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

We published the Government’s response to the consultation on 21 June. Legal aid will remain available for applications for protective injunctions, as at present. However, for disputes about children or finance following the breakdown of a relationship, legal aid will be available for victims of domestic violence where there is objective evidence of the need for protection.

[Mr Djanogly]

For family matters, including disputes about finance or children arising from the breakdown of a relationship, legal aid will be available for victims of domestic violence where there is evidence of a need for protection. Of course, we will also provide civil legal aid for victims of domestic violence to apply for protective injunctions, such as non-molestation orders.

[Alun Cairns]

It is reassuring that victims of domestic violence will remain eligible for legal aid under the changes, but the evidence is not always clear, because many victims will not report domestic violence to the police. What sort of evidence is the Minister expecting to see in order for people to qualify for legal aid?

[Mr Djanogly]

We listened to the concerns expressed in the consultation that our criteria for evidence of domestic violence were too narrow and we have expanded them. The key issue is that the triggers must be objective.